Does the digital product passport apply to my electronics?

What you must concretely do

What is expected of you

The ESPR (Regulation (EU) 2024/1781) is a framework regulation: Article 1 establishes that the regulation itself does not impose a direct obligation per product group, but creates the framework within which this is to be filled in per subcategory. Whether the digital product passport applies to a specific device thus depends on a delegated act that still needs to be established per product group. For electronics, this has not yet happened. What we can say is how the system works and what to expect in most cases once a product group is addressed.

Check whether your product group falls under the ESPR

Article 1 of the ESPR establishes that the regulation applies to physical goods placed on the market or put into service, with the exception of a limited number of categories that fall outside the scope (such as food, veterinary medicines and a number of other specifically mentioned groups). Electronics and ICT equipment in principle fall within that broad scope. For a company with 10 to 100 employees, this means in practice: establish which product group your own range falls into, and maintain that classification, even if there is not yet a concrete obligation attached to it. An overview of which products from the electronics sector fall under the ESPR can be found on which electronics products fall under the ESPR.

Wait for the delegated act for your own product group

Article 9 of the ESPR describes what a digital product passport contains once it becomes applicable, but the actual obligation only arises through a delegated act per product group. For electronics, that act does not yet exist. In practice, this means that a company does not yet have to prepare a passport, but it is prudent to follow when the act for its own product group is published. What exactly a delegated act is and why it determines what a company must do is explained on what a delegated act is and why it determines what you must do.

Make a distinction between "falling under the ESPR" and "needing a passport now"

These are two different questions, and in practice they are often confused. Falling under the ESPR says something about the scope of the regulation (Article 1); needing a passport says something about whether the delegated act for that specific product group has already been established and has entered into force. For a company, this means that "does it apply to my electronics" can currently usually be answered with: the product group presumably falls within the scope, but the concrete obligation does not yet exist. More information about what a digital product passport for electronics exactly is can be found on what a digital product passport for electronics is.

Monitor your own product group based on the work plan

The ESPR work plan runs from 2025 to 2030 and works per subcategory. For electronics, the first delegated acts are not expected before 2027, but a fixed date per product group is not yet set. For a company, this means that monitoring publications at product group level is more practical than relying on one general date for "electronics". An overview of the expected timeline can be found on when the product passport becomes mandatory for electronics.

Where things go wrong in practice

Assumption that "electronics" is a single product group. An importer of household appliances and small consumer electronics sometimes assumes that one delegated act for "electronics" regulates everything. In reality, the ESPR work plan works per subcategory, with its own timelines and its own requirements. What applies to one device does not automatically apply to another.

Confusion between ESPR scope and existing regulations. Some companies think that because their product already falls under the RoHS Directive or the WEEE Directive, it automatically also falls under the ESPR obligation for the digital product passport. That is a separate question; the ESPR obligation depends on its own delegated act.

Starting data collection too late. A manufacturer who waits until the delegated act is published before recording anything about materials, origin and repair data risks that this information will no longer be complete or traceable. Recording early which data could go into the digital product passport saves work later; see which data go into the digital product passport.

Forgetting products with a battery as a separate case. Equipment with a built-in battery may fall under two separate regulations: the ESPR for the device and the Battery Regulation for the battery itself. Companies that only look at the "electronics side" sometimes miss that a separate passport obligation may apply to the battery; see whether a device with a battery in it needs two digital product passports.

Incorrectly thinking that small companies are excluded. It is sometimes assumed that a small business falls outside the scope because the obligations are intended "for large manufacturers". Whether and how this differs for smaller businesses is explained at whether the digital product passport also applies to small businesses.

What you can document

• An internal note in which your own product groups are classified according to the classification used by the European Commission in the work plan, so that it is clear which publications are relevant to monitor.
• An overview of existing product data (materials, origin, composition, repair and maintenance information) that is already available, even if there is not yet a passport obligation.
• A log of published and announced delegated acts per product group, with date of publication and intended date of entry into force.
• An overview of products with a built-in battery, separately marked, so that when monitoring regulations, not only the ESPR but also the Battery Regulation is considered.
• Contact moments with suppliers and sub-suppliers about which data they can already provide, so that this chain is not built up only when the obligation takes effect.